GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 376
The General Assembly of North Carolina enacts:
Section 1. G.S. 87-52 reads as rewritten:
"§ 87-52. State Board of Refrigeration Examiners; appointment; term of office.
For the purpose of carrying out the provisions of this
Article, the State Board of Refrigeration Examiners is created, consisting of
seven members appointed by the Governor to serve seven-year staggered
terms. The Board shall consist of one member who is a wholesaler or a
manufacturer of refrigeration equipment; one member from an engineering school
of The Greater University of North Carolina, one member from the
Division of Public Health of The Greater University of North Carolina,
two licensed refrigeration contractors, and two members who have one
member who has no ties with the construction industry to represent the
interest of the public at large. large, and one member with an
engineering background in refrigeration. The term of office of one
member shall expire each year. Vacancies occurring during a term shall be
filled by appointment of the Governor for the unexpired term. Whenever
the term 'Board' is used in this Article, it means the State Board of
Refrigeration Examiners. No Board member shall serve more than one
complete consecutive term."
Sec. 2. G.S. 87-58 reads as rewritten:
"§ 87-58. Definitions; contractors licensed by Board; examinations.
(a) As applied in this
Article, 'refrigeration trade or business' is defined to include all persons,
firms or corporations engaged in the installation, maintenance, servicing and
repairing of refrigerating machinery, equipment, devices and components
relating thereto and within limits as set forth in the codes, laws and
regulations governing refrigeration installation, maintenance, service and
repairs within the State of North Carolina or any of its political
subdivisions, provided however, that this Article shall not apply to the replacement
of lamps and fuses and to the installation and servicing of appliances and
equipment domestic household refrigerators and freezers or domestic
ice-making appliances connected by means of attachment plug-in devices to
suitable receptacles which have been permanently installed, 'or devices
using gas as a fuel, or ice using or storing equipment'; and provided,
further, that the provisions of this Article shall not repeal any wording,
phrase, or paragraph as set forth in North Carolina General Statutes, Chapter
87, Article 2; and provided, further, that this Article shall not apply to
employees of persons, firms, or corporations or persons, firms or corporations,
not engaged in refrigeration contracting as herein defined, that install,
maintain and service their own refrigerating machinery, equipment and
devices. The provisions of this Article shall not apply to any person,
firm or corporation engaged in the business of selling, repairing and
installing any air-conditioning units, devices or systems for the purpose of
cooling offices, buildings, houses, works, manufacturing plants, or any
machinery, manufactured article or processing of material.
(b) The phrase term
'refrigeration contractor' is hereby defined to be means a
person, firm or corporation engaged in the business of refrigeration
contracting.
(b1) The term 'transport refrigeration contractor' means a person, firm, or corporation engaged in the business of installation, maintenance, servicing, and repairing of transport refrigeration.
(c) Any person, firm or corporation who for valuable consideration engages in the refrigeration business or trade as herein defined shall be deemed and held to be in the business of refrigeration contracting.
(d) In order to protect
the public health, comfort and safety, the Board shall prescribe the standard
of experience to be required of an applicant for license and shall give an
examination designed to ascertain the technical and practical knowledge of the
applicant concerning the analysis of plans and specifications, estimating cost,
fundamentals of installation and design as same they pertain to
refrigeration; and as a result of such the examination, the Board
shall issue a certificate of license in refrigeration to applicants who pass
the required examination and a license shall be obtained in accordance with the
provisions of this Article, before any person, firm or corporation shall engage
in, or offer to engage in the business of refrigeration contracting as
herein defined. Each contracting. The Board shall prescribe
standards for and issue licenses for refrigeration contracting and for
transport refrigeration contracting. A transport refrigeration contractor
license is a specialty license that authorizes the licensee to engage only in
transport refrigeration contracting. A refrigeration contractor licensee
is authorized to engage in transport refrigeration and all other aspects of
refrigeration contracting.
Each application for examination shall be accompanied
by a check, post-office money order or cash in the amount of the annual license
fee required by this Article. Regular examinations shall be given in the
months of April and October of each year and additional examinations may be
given at such other times as the Board may deem deems wise
and necessary. Any person may demand in writing a special examination and
upon payment by the applicant of the cost of holding such the examination
and the deposit of the amount of the annual license fee, the Board in its
discretion will fix a time and place for such the examination.
A person who fails to pass any examination shall not be reexamined until the
next regular examination.
(e) Repealed by Session Laws 1979, c. 843, s. 1.
(f) Licenses
Granted without an Examination. - Persons who had an established place of
business prior to July 1, 1979, and who produce satisfactory evidence that they
are engaged in the refrigeration business as herein defined in any city, town
or other area in which Article 5 of Chapter 87 of the General Statutes did not
previously apply shall be granted a certificate of license, without
examination, upon application to the Board and payment of the license fee,
provided such completed applications shall be made prior to June 30,
1981.
(g) The current license issued in accordance with the provisions of this Article shall be posted in the business location of the licensee, and its number shall appear on all proposals or contracts and requests for permits issued by municipalities.
(h) A transport refrigeration contractor having an established place of business doing transport refrigeration contracting prior to October 1, 1995, shall be granted a transport refrigeration contracting specialty license, without examination, if the person produces satisfactory evidence the person is engaged in transport refrigeration contracting, pays the required license fee, and applies to the Board prior to January 1, 1997. The current specialty license shall be posted in accordance with subsection (g) of this section.
(i) Nothing in this Article shall relieve the holder of a license issued under this section from complying with the building or electrical codes, statutes, or ordinances of the State or of any county or municipality or from responsibility or liability for negligent acts in connection with refrigeration contracting work. The Board shall not be liable in damages, or otherwise, for the negligent acts of licensees."
Sec. 3. G.S. 87-59 reads as rewritten:
"§ 87-59. Revocation or suspension of license for cause.
(a) The Board shall have
power to revoke or suspend the license of any refrigeration contractor who is
guilty of any fraud or deceit in obtaining a license, or who fails to comply
with any provision or requirement of this Article, or for gross negligence,
incompetency, or misconduct, in the practice of or in carrying on the business
of a refrigeration contractor as defined in this Article. Any person may
prefer charges of such fraud, deceit, gross negligence, incompetency,
misconduct, or failure to comply with any provision or requirement of this
Article, against any refrigeration contractor who is licensed under the
provisions of this Article. All of such charges shall be in
writing and verified by the complainant, and such charges shall be heard
and determined by the Board in accordance with the provisions of Chapter 150B
of the General Statutes.
(b) The Board shall adopt and publish guidelines, consistent with the provisions of this Article, governing the suspension and revocation of licenses.
(c) The Board shall establish and maintain a system whereby detailed records are kept regarding complaints against each licensee. This record shall include, for each licensee, the date and nature of each complaint, investigatory action taken by the Board, any findings of the Board, and the disposition of the matter.
(d) In a case in which the Board is entitled to convene a hearing to consider a charge under this section, the Board may accept an offer to compromise the charge, whereby the accused shall pay to the Board a penalty not to exceed one thousand dollars ($1,000). The funds derived from the penalty shall be deposited into the General Fund.
(e) All records, papers, and other documents containing information collected and compiled by the Board, or its members or employees, as a result of investigations, inquiries, or interviews conducted in connection with a licensing or disciplinary matter, shall not be considered public records within the meaning of Chapter 132 of the General Statutes."
Sec. 4. G.S. 87-61 reads as rewritten:
"§ 87-61. Violations made misdemeanor; employees of licensees excepted.
Any person, firm or corporation who shall engage in or offer
to engage in, or carry on the business of refrigeration contracting as defined
in this Article, without first having been licensed to engage in such the
business, or businesses, as required by the provisions of this Article; or
any person, firm or corporation holding a refrigeration license under the
provisions of this Article who shall practice or offer to practice or carry on
any type of refrigeration contracting not authorized by said the license;
or any person, firm or corporation who shall give false or forged evidence of
any kind to the Board, or any member thereof, in obtaining a license, or who
shall falsely impersonate any other practitioner of like or different name, or
who shall use an expired or revoked license, or who shall violate any of the
provisions of this Article, shall be guilty of a Class 2 misdemeanor. The
Board may, in its discretion, use its funds to defray the costs and expenses,
legal or otherwise, in the prosecution of any violation of this Article. Employees,
while working under the supervision and jurisdiction of a person, firm or
corporation licensed in accordance with the provisions of this Article, shall
not be construed to have engaged in the business of refrigeration
contracting."
Sec. 5. This act becomes effective October 1, 1995. G.S. 87-59(d), as enacted by this act, applies to hearings convened on or after the effective date. The term of the public member of the Board that is currently scheduled to expire first shall expire on October 1, 1995, and the initial member with the engineering background in refrigeration appointed pursuant to this act shall serve from the date of appointment to January 1, 2001.
In the General Assembly read three times and ratified this the 5th day of July, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives